Part 4Imprisonment

Part 4—Imprisonment Division 1—Admission and assignment of prisoners 21A—Documentation to be presented upon admission of a prisoner to a correctional institution A person who is to be detained in a correctional institution pursuant to an order of a court or a warrant of commitment cannot be admitted to a correctional institution for detention except on presentation of— (a) a written statement that contains particulars of the order of the court; or (b) the warrant of commitment, which must contain particulars of the order of the court on which it is founded. 22—Assignment of prisoners to particular correctional institutions (1) A person who is remanded in custody awaiting trial or sentence will be detained in such correctional institution as the CE may determine. (2) Subject to this section, a person who is sentenced to imprisonment or committed to prison will be imprisoned in such correctional institution as the CE may determine. (3) Subject to this Act, a person who is sentenced to a term of imprisonment exceeding 15 days must not be imprisoned in a police prison. (4) A person may be detained in a particular correctional institution pursuant to this section notwithstanding that the warrant of commitment by virtue of which the person is detained in custody directs that he or she be detained in some other correctional institution. Division 3—Assessment of prisoners 23—Initial and periodic assessment of prisoners (1) The CE must, as soon as practicable after the initial admission to a prison of a person who has been sentenced to a term of imprisonment exceeding six months, to life imprisonment or to a sentence of indeterminate duration, and thereafter at regular intervals of not more than one year, assess the prisoner and his or her circumstances and determine whether or not the prisoner should be transferred to some other prison. (2) The Minister may, for the purpose of assisting the CE in carrying out assessments under this section, establish such committees as the Minister thinks fit. (3) In carrying out an assessment under this section, the CE must have regard to— (a) the age, gender, gender identity, sexuality or sexual identity, and the social, medical, psychological and vocational background and history, of the prisoner; and (b) the needs of the prisoner in respect of education or training or medical or psychiatric treatment; and (c) the aptitude or suitability of the prisoner for any particular form of training or work; and (d) the nature of the offence, or offences, in respect of which the prisoner is imprisoned and the length of sentence; and (e) the information contained in any file held by a court in respect of the prisoner; and (f) the behaviour of the prisoner while in prison; and (g) the security of, and availability of accommodation in, any prison under consideration; and (h) the question of maintaining the prisoner's family ties; and (i) where relevant, any proposed plans in respect of the release of the prisoner and his or her social rehabilitation; and (j) such other matters as the CE thinks relevant. (4) The CE must notify the prisoner before commencing an assessment, and must, if the prisoner so requests, grant the prisoner an opportunity to make representations in person to the CE or to a committee established pursuant to subsection (2), including a request that, if practicable, the assessment be made by a person of the same sex or gender identity as the prisoner. (5) The prisoner may make written representations in respect of his or her assessment to the CE or to a committee established pursuant to subsection (2). (6) After the first assessment of a prisoner has been completed, the CE must prepare a programme in relation to the prisoner that contains particulars of any proposals for the education or training or medical or psychiatric treatment of the prisoner, and may, after any subsequent assessment, add to or vary that programme. Division 4—Custody of prisoners 24—CE has custody of prisoners (1) The CE has the custody of a prisoner, whether the prisoner is within, or outside, the precincts of the place in which he or she is being detained, or is to be detained. (2) Subject to this Act, the CE has an absolute discretion— (a) to place any particular prisoner or prisoner of a particular class in such part of the correctional institution; and (b) to establish in respect of any particular prisoner, or prisoner of a particular class, or in respect of prisoners placed in any particular part of the correctional institution, such a regime for work, recreation, contact with other prisoners or any other aspect of the day-to-day life of prisoners; and (c) to vary any such regime, as from time to time seems expedient to the CE. (3) A variation of a regime in respect of a particular prisoner under subsection (2) for any purpose does not constitute a penalty for the purposes of this Act. Division 5—Transfer and leave of absence of prisoners 25—Transfer of prisoners (1) The CE may, by written order, direct that a prisoner be transferred from the place in which he or she is being detained to any other correctional institution. (2) An order given by the CE under subsection (1) is sufficient authority for the transfer of the prisoner in accordance with the order and the detention of the prisoner in the correctional institution to which he or she is transferred. 26—Prisoner may be temporarily detained in any other prison etc while in transit While a prisoner is being taken to any place in which he or she is to be detained, or is being taken for any purpose contemplated by this Act from any place in which he or she is being detained, the prisoner may, without any authority other than this section, be detained in any other place for as long as may reasonably be required in the course of effecting the transfer. 27—Leave of absence from prison (1) The CE may, by written order, grant to a prisoner leave to be absent from the place in which he or she is being detained— (a) for the medical or psychiatric examination, assessment or treatment of the prisoner; or (b) for the attendance of the prisoner at an educational or training course; or (c) for the participation of the prisoner in paid employment or in any form of recreation, entertainment or community service; or (d) for such compassionate purpose as the CE thinks fit; or (e) for any purpose related to criminal investigation; or (f) for such other purpose as the CE thinks fit. (1a) However, a prisoner may not be granted leave to be absent from the place in which he or she is being detained in circumstances set out in the regulations. (2) Leave of absence granted under this section may be subject to such conditions as the CE thinks fit, including either or both of the following: (a) a condition requiring the prisoner— (i) to be in the custody of, and supervised by, 1 or more officers or employees of the Department authorised by the Minister for the purpose; and (ii) to obey the reasonable directions of any officer or employee authorised under subparagraph (i); (b) a condition requiring the prisoner to be monitored by use of an electronic device. (2a) If leave of absence is to be granted to a prisoner for participation in paid employment, the CE may impose a condition requiring the prisoner to pay to the CE a specified amount per week, calculated in accordance with the Minister's directions, towards the cost of his or her board and lodging while so employed, or towards reducing the amount of any VIC levy that the prisoner is liable to pay in respect of any offence. (3) The CE may, by written order, revoke a leave of absence granted under this section, or vary or revoke any of the conditions to which it is subject or impose further conditions. (4) Where a prisoner is still at large after the revocation or expiry of leave of absence, the prisoner may be apprehended without warrant by any police officer or any officer or employee of the Department authorised by the Minister for the purpose. (5) A prisoner who is still at large after the expiry of leave of absence will be taken to be unlawfully at large. (6) A prisoner is not, while still at large after revocation of leave of absence, serving his or her sentence of imprisonment. 27A—Interstate leave of absence (1) The following provisions apply in relation to a request under section 27 for leave of absence to be taken outside of this State: (a) the leave may only be granted in respect of a participating State; (b) the period of leave cannot exceed 7 days, but successive grants of leave can be made; (c) the CE must give written notice of the leave to— (i) the chief officer of police and the corresponding chief executive in the State in which the leave will be taken; and (ii) the chief officer of police in any other State through which the prisoner will have to travel by land; (d) the prisoner remains in the custody of the CE despite being outside the State. (2) The following provisions apply in relation to an interstate prisoner who has been granted leave of absence under a corresponding law: (a) an order or permit under a corresponding law appointing an escort for the prisoner has effect, according to its terms, while the prisoner is in this State, except for any period during which the prisoner is detained in a correctional institution; (b) if the prisoner is in the custody of an escort and requires overnight accommodation while in this State, the prisoner may be detained in a correctional institution for that period, and the order or permit for the leave is sufficient authority for that detention (whether or not the leave is to be taken in this State); (c) if, while the prisoner is in this State, the prisoner escapes or attempts to escape from custody, breaches a condition to which the leave is subject or is otherwise unlawfully at large, the prisoner may be arrested, without warrant, by— (i) an officer or employee of the Department; or (ii) a police officer; or (iii) the prisoner's escort (if any), and taken to the nearest police station; (d) a prisoner who is arrested under paragraph (c) must be brought before a magistrate within 2 working days of the day of arrest and may be detained in a correctional institution until that occurs; (e) the magistrate may, if he or she thinks it appropriate in such a case, order that the prisoner— (i) be returned by the prisoner's escort to the State in which the leave was granted; or (ii) be delivered into the custody of an escort for the purposes of being returned to that State, as the case may require (and no right of appeal lies against such an order); (f) if an order is made under paragraph (e)(ii)— (i) the prisoner may be detained in a correctional institution until— (A) the order is executed; or (B) the expiration of 7 days from the making of the order, whichever occurs first; and (ii) the order, if not executed, expires at the end of that 7 day period; (g) the prisoner will, while detained in a correctional institution under this section, be taken to be a prisoner for the purposes of this Act. corresponding chief executive, in relation to a participating State, means the officer responsible for the administration of prisons in that State; corresponding law means a law prescribed by regulation to be a corresponding law for the purposes of this section; escort, in relation to a prisoner or an interstate prisoner, means a person authorised or appointed under this Act or the law of the participating State to have custody of the prisoner for the purposes of leave of absence, or return from leave of absence, as the case may be; interstate prisoner means a person subject to detention in a participating State who has been granted leave of absence under a corresponding law; participating State means a State in which a corresponding law is in force; State means a State or Territory of the Commonwealth. 28—Removal of prisoner for criminal investigation, attendance in court etc (1) A prisoner is entitled to attend before a court for the purpose of committal proceedings, trial or sentence for the offence in respect of which the prisoner is being detained or for any other offence with which he or she has been charged. (2) Where a prisoner is required to attend before a court whether as a party to any proceedings or as a witness, the court hearing the proceedings may, by order, direct the CE to cause the prisoner to be brought before the court in accordance with the order. (2a) If a prisoner is required to attend before the Independent Commissioner Against Corruption, the Deputy Commissioner or an examiner under the Independent Commission Against Corruption Act 2012, the Commissioner, Deputy Commissioner or examiner may, by order, direct the manager of the correctional institution in which the prisoner is being detained to cause the prisoner to be brought before the Commissioner, Deputy Commissioner or examiner in accordance with the order. (3) On the determination or an adjournment of proceedings at which a prisoner attends under this section, the prisoner may be returned to the correctional institution without any further process or authority. (4) If a prisoner— (a) has been charged with an offence; or (b) is suspected on reasonable grounds of— (i) having committed an offence; or (ii) having knowledge or information that might assist in the prevention or investigation of an offence, the CE must, at the request of a police officer, release the prisoner into the custody of the police officer for the purposes of investigation of the offence, obtaining evidence as to the commission of the offence or identifying the prisoner as the person who committed the offence, in accordance with law.